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High Court of Karnataka Allows Appeal in Property Suit Remand Case — Appellate Court Exceeded Remand Powers Under Order 41 Rule 23A CPC. Remand Order Set Aside as Appellate Court Failed to Decide Appeal on Merits and Instead Directed Trial Court to Comply with High Court Order.

The present Miscellaneous Second Appeal (MSA No.127/2017) was filed by the appellants, Sri P.H. Honnappa and Sri Rajanna @ Raju, against the judgment ...

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Gujarat High Court Dismisses Second Appeal in Trust Land Exchange Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Oral Exchange Agreement from 1956 Not Proved; Possession Not Established; Suit for Declaration and Injunction Dismissed.

The appellant, Shree Nootan Kelavani Mandal, a trust registered under the Bombay Public Trust Act, 1950, filed a Second Appeal under Section 100 of th...

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Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

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Madras High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Title and Possession. Plaintiff's Title Based on Registered Sale Deed and Long-Standing Possession Prevails Over Defendant's Claim of Adverse Possession.

The case involves a property dispute between the plaintiff, N. Natarajan, and the defendants, A. David (appellant) and A. Dennis. The plaintiff filed ...

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Bombay High Court Dismisses Second Appeal Upholding Suit for Possession After Symbolical Delivery in Execution; Plea of Non-Maintainability and Limitation Cannot Be Raised First Time in Second Appeal. Cross-Objection Held Maintainable After Admission of Appeal.

The litigation originated from a suit for possession, declaration, and damages regarding agricultural lands bearing Survey Nos. 1/2 and 54/3. The land...

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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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Supreme Court Rules Appeal Does Not Abate if Estate is Sufficiently Represented.

This judgment concerns two connected civil appeals arising from suits for specific performance and eviction. In Civil Appeal No. 172 of 2026, the High...